Электронный журнал Юридические исследования - №6 за 2016 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 06/2016
Contents of Issue № 06/2016
Law and order
Kabanov P.A. - Criminal Victimity of Disabled People: Statistical Data for 2014 – 2015 pp. 1-11


Abstract: The research subject is criminal victimity of disabled people. The purpose of the research is to detect the structure of criminal victimity of disabled people based on the official statistical data of the Ministry of Internal Affairs of the Russian Federation for 2014 – 2015. The tasks of the research are: a) to define the scope of disabled people among the victims of criminal offences; b) to define the types and groups of crimes which more often involve disabled people as victims. The research methodology is based on dialectics and the related methods of scientific cognition: analysis, synthesis, comparison. The scientific novelty of the study consists in the fact that so far the Russian criminological science hasn’t carried out a study of disabled people as the victims of criminal offences on the base of the official statistics so. For the first time in the criminological science the author defines the main types and groups of crimes in which disabled people become the victims. 
Договор и обязательства
Churilov A.Y. - Legal problems of discharge of an obligation by a third party when placing a discharge  pp. 12-22


Abstract: Due to the numerous problems related to the discharge of an obligation by a third party, carried out when placing a discharge, there is a need for the development of a civil theory of discharge of obligations by a third party. The author considers discharge of an obligation by a third party in the context of relations of a debtor and a third party. The author studies the problems of a third party's responsibility to a creditor for an improper discharge of a non-monetary obligation. The paper studies the problem of a creditor’s right to make sure of placing a discharge on a third party. The research methodology includes the methods of abstraction, classification, the dialectical, historical, system, inductive and deductive methods of cognition, and the formal-legal method. The author expresses a reasonable doubt in a justifiability of a legislative construction stipulating the transition of the creditor’s rights to the third party, who has discharged an obligation, provided by the clause 5, article 313 of the Civil Code of the Russian Federation. Besides, the author expresses doubt in the possibility to place on a third party a responsibility to a creditor for an improper discharge of a non-monetary obligation. 
International law
Gorian K.V. - The role of Protestantism in the formation of modern international law pp. 23-30


Abstract: The paper studies the system of views and ideas about international public law developed within Protestantism as a cultural phenomenon. The research subject includes the doctrinal developments defining the essence and the content of the protestant concept of international law. The author characterizes the ideas of the central protestant philosophers which the modern concept of international law is based on – Hugo Grotius, Christian Wolff and Emer de Vattel. Special attention is paid to the protestant concept of human rights and the justification of their special nature. To acquire trustworthy scientific results, the author applies the set of general scientific and specific research methods which are complemented with the principles of dialectics: analysis, synthesis, the formal-legal, historical-legal and comparative-legal methods. Particularly, the hermeneutical approach is used to define the content of the provisions of doctrinal developments of philosophers depending on the particular meanings of culture. The contribution of protestant ideas to the development of international law consists in the positivization of international law and its further dehumanization, when a premium is rather placed on an absolute power of the state than on the rights and interests of a person. Ignoring the doctrine of God as a sole sovereign, Positivists authorized only the state with an absolute sovereignty, and this positivist theory of sovereignty turned into an instrument protecting and justifying the violation of personal rights and freedoms within the state. Ultimately, this positivist-protestant concept of international law had led to the inability of international law to resist to humanitarian disasters of the world wars of the 20th century. 
History of state and law
Grigor'eva O.G. - Regulation of Civil-Law Relations Burdened with a Foreign Element: Historical and Legal Analysis pp. 31-44


Abstract: The research subject is the historical process of foundation and development of civil legislation regulating social relations burdened with a foreign element. Based on the generalization and analysis of statutory instruments of 1917 – 1991, the author defines the development tendencies of the institution in question. Particularly, the author analyzes the tendencies of legislating of property rights and personal non-property rights of foreign citizens and stateless persons in the Soviet legislation, including the right to possess particular forms of property, the right to succeed and to devise and bequeath. The author applies the dialectical method of cognition and specific scientific methods. The general method is the historical method. The author defines the tendencies of development of the Soviet civil legislation regulating social relations burdened with a foreign element. Particularly, the author studies the legislating of the right of foreigners to purchase and alienate particular forms of property, to succeed, and to devise and bequeath in the context of private property denial in the first post-revolutionary years, its revival in the context of development of the new economic policy and in other periods of development of the Soviet law and state. 
Practical law manual
Alekseenko A.P. - Problems of Defining a Legal Nature of the Relations Emerging Between a Corporation and the Members of its Management Bodies pp. 45-51


Abstract: The research subject is the set of norms of labor and company law, and the acts of commercial courts of the Russian Federation related to legal regulation of the order of formation and the activity of management bodies of a corporation. The author considers the legal nature of relations between a corporation and the members of its management bodies, analyzes the grounds of such relations, including the general meeting of shareholders and the labor contract. Special attention is paid to the existing duality of the position of the executive body which is on the one hand a subject of company law, and on the other – a subject of labor law. The author applies comparative-legal and formal-legal research methods, analysis and synthesis. Based on them the author studies the provisions of Russian legislation and judicial acts. The author reveals the contradictory character of the legal nature of relations between a corporation and its management bodies. According to the current legislation, the relations between the directorate members and a corporation can be regulated by labor legislation while not being labor relations. Besides, the relations between an executive person and a company are based on a labor contract, and this situation is contradictory. 
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